Legal Question in Criminal Law in California

Re: Prosecution interception of defense subpenaed information

The prosecutor is not allowed to intercept the information supena'd by the defense. The supena'd information must be sent to the court, where the information is turned over by the judge to the party who supena'd it. If the law requires it (and this varies) then the defense would have to give copies of the information to the prosecutor.

Re: Prosecution interception of defense subpenaed information

Yes.

Do you have any more questions?

Since the DA would be acting in the capacity of say, a corporation's counsel, it is permissible to submit a subpoena or other request for discovery from the sheriff's department to see what is permissible discovery in a civil case. However, normally in civil cases the matter would be handled by the county counsel.

Since California has adopted complete exchange of information by both sides (DA and defense)in criminal cases, the defense would have to reveal that information to the D. A. after reviewing it.

In the case of manuals both parties getting simultaneous discovery would speed up the trial preparation.

The danger here is that someone in the DA's office witholds information that is subject to discovery.